BOARD OF CITY COMMISSIONERS PROCEEDINGS
JUNE 4, 2007 AT 6:30 P. M.
The Board of City Commissioners of the City of Shawnee, County of Pottawatomie, State of Oklahoma, met in Regular Session in the Commission Chambers at City Hall, 9th and Broadway, Shawnee, Oklahoma, Monday, June 4, 2007 at 6:30 p.m., pursuant to notice duly posted as prescribed by law. Mayor Mills presided and called the meeting to order. Upon roll call, the following members were in attendance.
Tom Schrzan Marva O’Neal
Commissioner Ward 2 Commissioner Ward 3
Timmy Young Linda Peterson
Commissioner Ward 4 Commissioner Ward 5-Vice Mayor
Commissioner Ward 6
ABSENT: Pam Stephens
Commissioner Ward 1
INVOCATION Reverend Leroy Kerbo
Oak Park Church of God
FLAG SALUTE Mayor Mills
COMMISSIONER STEPHENS NOW PRESENT
AGENDA ITEM NO. 1: Consider approval of Agenda:
A motion was made by Vice Mayor Peterson, seconded by Commissioner Daugherty, to approve the Agenda. Motion carried 7-0.
AYE: Peterson, Daugherty, Stephens, Schrzan, O’Neal, Mills, Young
AGENDA ITEM NO. 2: Consider approval of Consent Agenda:
a. Minutes from the May 21, 2007 meeting.
b. Budget Amendments in General Fund and Shawnee Airport Authority.
c. Acknowledge the following reports and minutes:
* Airport Advisory Board minutes from the March 28, 2007 meeting
* Civic and Cultural Development Authority minutes of April 19, 2007 meeting
* Shawnee Urban Renewal Authority minutes of April 17, 2007 meeting
* Shawnee Sister Cities minutes from the April 10, 2007 meeting
d. Lakesite Lease:
Lot 8, Eckel Tract
To: H. Davis
From: B. Davis
e. Approve recommendation from the Community Service Contracts Review Committee to approve renewal of a six – month agreement with the Downtown Shawnee, Inc. in the amount of $16,000.00 for FY 2007-2008, with the contract to be re-evaluated in November, 2007.
f. Authorize staff to apply for Title V Community Grant for school truancy prevention.
g. Authorize staff to apply for enhancement grant through the Oklahoma Department of Transportation for trees at I-40 and Harrison Street.
h. Approve refund of contributions from the Oklahoma Municipal Retirement Fund Defined Contribution plan for Mike Kulp.
i. Authorize expenditure of up to $8,500 for repair of sewer line located behind Shawnee Public Library.
j. Authorize staff to submit proposal to Pottawatomie County for providing E-911 Public Safety Answering Point service.
k. Mayor’s Appointments
YMCA Community Center Committee
Reappoint Peggy Rider to a three-year term expiring 6/30/10
Airport Advisory Board
Appoint Bill Beck to replace Dan Overland to a term expiring 7/1/10
Before voting on the Consent Agenda, Mayor Mills requested that Agenda Item No. 2(j) be pulled for consideration and Vice Mayor Peterson requested Items No. 2(a, e, and i).
A motion was made by Commissioner Young, seconded by Vice Mayor Peterson, that Consent Agenda Item No. 2(a-k), less 2(a, e, i, and j) be approved. Motion carried 7-0.
Under Agenda Item No. 2(a), regarding the Minutes from the May 21, 2007 meeting, Vice Mayor Peterson noted that two corrections were needed. In Item No. 18, Ward 2 should be corrected to reflect Ward 3. In Item No. 19, the minutes should show that the Commission reconvened from Executive Session at 8:56 p.m.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Stephens, to approve the minutes as corrected. Motion carried 7-0.
Under Agenda Item No. 2(e) regarding the agreement with Downtown Shawnee to approve renewal of a six-month agreement in the amount of $16,000.00 for FY 2007-2008, with the contract to be re-evaluated in November, 2007, Vice-Mayor Peterson wanted to confirm that there was no change to the contract from the prior year.
A motion was made by Vice Mayor Peterson, seconded by Commissioner O’Neal, to approve a six-month contract with Downtown Shawnee to be re-evaluated in November of 2007. Motion carried 7-0.
Under Agenda Item No. 2(i) regarding the expenditure of $8,500 for repair of sewer line located behind Shawnee Public Library, it was noted that the item was not listed on the Shawnee Municipal Authority Agenda. Therefore, it will be placed on the June 18, 2007 Shawnee Municipal Authority agenda to confirm the action taken on June 4, 2007 on this matter. City Attorney John Canavan confirmed that the City could direct the work to be done, but could not encumber the funds to pay for it until it has been confirmed by the Shawnee Municipal Authority.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Daugherty, to approve the commencement of the repair project, with the item to be confirmed on the June 18, 2007 SMA agenda and payment made after that time. Motion carried 7-0.
AYE: Peterson, Daugherty, Stephens, Schrzan, O’Neal, Mills, Young
Under Agenda Item No. 2(j), regarding the proposal to Pottawatomie County for providing E-911 Public Safety Answering Point service, Emergency Management Director Don Lynch informed the Commission that after review of the RFP, the City could not meet the space requirements and would not be submitting a proposal. No City Commission action was required.
AGENDA ITEM NO. 3: Citizens Participation (A three minute limit per person)
(A twelve minute limit per topic)
Under Citizens Participation, Linda Agee, Joe Rostochil, Don Foresburg and Jo Davis spoke regarding the issue of recreation on Shawnee Twin Lake No. 1. Mrs. Agree indicated that limited recreation is being proposed by the Twin Lakes Association.
AGENDA ITEM NO. 4: Mayor’s Proclamation:
“Buddy Allen Day”
May 24, 2007
(accepted by Buddy Allen)
AGENDA ITEM NO. 5: Consider payment of tort claim of Mrz. Lizzie’s Home Rentals. (Deferred from 5/7/07 and 5/21/07 meetings).
Ms. Kay Steel Harrod was present to speak to the Commission regarding the payment of this claim. She began with a brief explanation of the events that occurred on October 5, 2006 regarding the breaking of the City’s water line and the subsequent water damage to her building located at 1813 N. Harrison. Ms. Harrod stated that her initial tort claim amount $2,945.00, has now increased to over $10,000. It is Ms. Harrod’s contention that the damage to her property was caused by the breaking of the City’s water line.
Acting Utility Director Jim Bierd provided pictures to the Commission showing the location of the City’s line in relation to the location of Ms. Harrod’s building, as well as pictures of the inside of Ms. Harrod’s building. Mr. Bierd stated that each and every tort claim filed with the Oklahoma Municipal Assurance Group, which carries the City’s insurance, is investigated by on-site claims adjusters for OMAG. It was the finding of OMAG that the City was not negligent in this regard and therefore elected not to pay Ms. Harrod’s claim.
City Attorney John Canavan explained the purpose of the Governmental Tort Claims Act and advised the Commission to proceed cautiously with their decision.
Vice-Mayor Peterson stated that she was not convinced that the water line break had caused the damage to Ms. Harrod’s property.
Commissioner Stephens felt that the City has a responsibility to the citizens to insure that our infrastructure is sound, and she urged City Manager Jim Collard to check if insurance is available to insure our water and sewer lines.
After a lengthy discussion, a motion was made by Vice Mayor Peterson, seconded by Mayor Mills, to uphold OMAG’s decision to deny payment of the tort claim of Kaye Steele Harrod d/b/a Mrz. Lizzie’s Home Rentals. Motion carried 7-0.
AGENDA ITEM NO. 6: Public discussion and commission guidance regarding recreation at Shawnee Twin Lake No. 1 and utilization of Atoka water line.
City Manager Jim Collard presented the following questions for discussion by the City Commission: 1. What happens if or when it quits raining? 2. How low should we allow the lake to go down before boating is stopped? 3. Do we run the Atoka line for recreational purposes?
After discussing which forms of recreation to allow, and if boating should be allowed after the lake drops below a certain level, City Attorney John Canavan determined that the charter amendment which allows recreation at Shawnee Lake No. 1, by right - not privilege, does not allow the reinstatement of only selected recreation. Once the emergency ban has been lifted, all recreation should be re-established after it has been determined to be safe for the public. Mr. Canavan pointed out that this does not prevent the Commission from regulating recreation at the lake through speed limits, no wake zones, boat motor size, etc.
Shawnee Police Lt. Roy Gribble announced that ten police officers had signed up for part-time assignment at the Lake and training would begin tomorrow (June 5th) and would take approximately three weeks before they were fully trained to respond to a boating emergency.
Mayor Mills said that the water customers would be upset if they thought the lake was being artificially filled through the use of the Atoka Water Line just so recreation could be provided. When discussing minimum lake levels, it was stated by Jim Bierd that the hydraulics at the treatment plant would not work if the lake dropped below 1063 feet.
At the conclusion of a lengthy discussion, City Manager Collard announced that in light of the recent rainfall, he was reducing the water rationing level to Level One as of midnight, June 5, 2007. Mr. Collard further announced that he was lifting the emergency ban prohibiting recreation at Shawnee Twin Lake No. 1 and would allow swimming and fishing starting June 5, 2007. Boating and skiing will be allowed as soon as the police department has completed their boating training in approximately three weeks.
AGENDA ITEM NO. 7: Staff report on results of polycart pilot questionnaire.
Allied Waste General Manager Brent Bolles addressed several previous areas of concern regarding polycarts. Addressing the concern over one-way streets within the City, he stated that this was not a problem unique to Shawnee and that their computer system map out the routes and notes the one-way streets so that their drivers can make adjustments. Mr. Bolles also stated that he could order the polycarts in a color different than that used in the pilot program.
Toni Gray, Assistant to the City Manager, then presented the results of the survey conducted in the pilot program area. Ms. Gray stated that of the 170 homes in the pilot area, 167 questionnaires were distributed with 106 responses returned to her.
Commissioner Young reported that his home was in the targeted area and that overall he likes the polycarts, but was concerned about the odor due to the once per week pick up.
The polycart survey indicated that 51 respondents were not in favor of changing to the polycart system, with 48 respondents in favor of the change.
Responding to a question from the Commission, Mr. Bolles stated that the polycart program could be operable by August 1, 2007.
AGENDA ITEM NO. 8: Consider an ordinance relating to solid waste pickup in the City of Shawnee.
Commissioner Schrzan noted that the use of polycart service was inevitable in the future, but requested that the Commission not implement it at this time to “buy some time” for residents. A motion was made by Commissioner Schrzan not to approve staff’s recommendation to establish polycart service in the City of Shawnee. Motion dies for lack of a second.
Vice-Mayor Peterson noted that this issue had been brought before this Commission, as well as previous Commissions, and that no decision had yet been made. Vice-Mayor Peterson presented the following changes in the proposed ordinance:
1. Section 2(a) shall be amended to reflect only residential customers and to strike all references to commercial establishments.
2. Section 2(c) shall read: “No person shall park a vehicle within 12 feet of a polycart between the hours of 7:00 a.m. and 5:00 p.m. where garbage is to be picked up that day”
3. Section 4(a) (1, 2 & 3) shall show the schedule of costs per dwelling, as well as clarify that the costs for two-family and multi-family dwellings shall apply to each residence of that dwelling.
4. In Section 5, the sentence “No yard waste is to be placed for pickup in any alley of the City” shall be stricken.
Ordinance No. 2312NS was introduced and read aloud.
ORDINANCE NO. 2312 “AN ORDINANCE RELATING TO SOLID WASTE PICKUP IN THE CITY OF SHAWNEE; AMENDING SECTIONS 23-1, 23-4 AND 23-5, ARTICLE I OF CHAPTER 23 OF THE CODE OF THE CITY OF SHAWNEE, OKLAHOMA; AMENDING SECTIONS 23-38 AND 23-39, ARTICLE II OF CHAPTER 23 OF THE CODE OF THE CITY OF SHAWNEE, OKLAHOMA; DEFINING YARD WASTE; REQUIRING USE OF POLYCARTS AND DIRECTING THEIR PLACEMENT; ESTABLISHING NEW CHARGES FOR SERVICE; ESTABLISHING ONCE A WEEK PICKUP FOR GARBAGE AND ONCE A WEEK PICKUP FOR YARD WASTE; SETTING THE EFFECTIVE DATE OF THIS ORDINANCE FOR JULY 1, 2007; AND PROVIDING FOR SEVERABILITY.”
A motion was made by Vice Mayor Peterson, seconded by Commissioner Daugherty, to approve the recommendation for polycarts for solid waste pick up and to approve the proposed ordinance with the aforementioned changes. Motion carried 5-2.
AYE: Peterson, Daugherty, O’Neal, Mills, Young
NAY: Stephens, Schrzan
It was then noted that the effective date of the Ordinance is July 1, 2007. Vice-Mayor Peterson made a motion, seconded by Commissioner Daugherty, to amend the effective date of the ordinance from July 1, 2007 to August 1, 2007. Motion carried 6-1.
AYE: Peterson, Daugherty, Stephens, O’Neal, Mills, Young
Thereupon Mayor Mills declared Ordinance No. 2312 duly passed and adopted.
AGENDA ITEM NO. 9: Consider a resolution adopting the budget for the City of Shawnee for the period of July 1, 2007 through June 30, 2008 finding all things requisite and necessary have been done in preparation and presentation of budget.
Resolution No. 6300 was introduced and the title read aloud.
RESOLUTION NO. 6300 ENTITLED “ A RESOLUTION APPROVING AND ADOPTING THE BUDGET FOR THE CITY OF SHAWNEE, OKLAHOMA FOR THE PERIOD JULY 1, 2007 THROUGH JUNE 30, 2008 FINDING ALL THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND PRESENTATION OF SAID BUDGET.”
City Manager Collard noted that there was one correction to the proposed budget document, with the correction of the missing $25,000 transfer out of Economic Development to the Shawnee Airport Authority.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Stephens, to approve the FY-07-08 budget by resolution with the one noted change. Motion carried 7-0.
Thereupon Mayor Mills declared Resolution No. 6300 duly passed and adopted.
AGENDA ITEM NO. 10: New Business (Any matter not known about or which could have been reasonably foreseen prior to the posting of the agenda)
There was no New Business.
AGENDA ITEM NO. 11: Administrative Reports
Under Administrative Reports, Jim Bierd addressed the Commission to request an increase in the amount from $7,500 to $10,000 to purchase materials, supplies and equipment without competitive bidding. Mr. Bierd stated that with costs of materials increasing rapidly, it was causing delays in repairs to equipment under the current system. This item will be brought to the Commission for their consideration at the June 18, 2007 meeting.
AGENDA ITEM NO. 12: Commissioners Comments
Under Commissioner Comments, Mayor Mills encouraged residents to become involved in the Centennial “Horse in the City” Project. The costs of each horse is $3,000 and can be painted with family names, logos or as the designer sees fit. Currently, five horses have been purchased and the Mayor would like to see at least twenty sold. The deadline for the purchase is June 15, 2007.
Mayor Mills also thanked City Commissioners and Economic Development members who attended the Oklahoma Aerospace Commission conference at Shawnee Regional Airport recently.
The Mayor also announced that there is a Sovereignty Symposium scheduled for June 5, 2007 in Oklahoma City.
Commissioner Young gave a recap of the City Commission meeting: He announced that swimming would be allowed at Shawnee Lake No. 1 beginning tomorrow; boating will be allowed when officers are trained. The City is now at Level One rationing and the polycart system for solid waste pickup will begin August 1, 2007. Commissioner Young encouraged everyone to attend the Juneteenth Festival at Woodland Park this upcoming weekend.
Vice-Mayor Peterson informed everyone of a free car seat safety check this weekend sponsored by Success by Six.
AGENDA ITEM NO. 13: Adjournment
There being no further business to be considered, a motion was made by Commissioner Schrzan, seconded by Commissioner Young, that the meeting be adjourned. Motion carried 7-0. (9:47 p.m.)
CHUCK MILLS, MAYOR
PHYLLIS LOFTIS, DEPUTY CITY CLERK
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